Things children say – Disclosure, allegations and why language matters – Transparency Project

Posted February 16th, 2018 in child abuse, children, evidence, news, social services by sally

‘Earlier this month the NSPCC put out a call on twitter for professionals to respond to a survey they are running as part of the evidence gathering phase of ‘a project to support professionals to take the appropriate action when they have concerns about the safeguarding of children and young people’. That project is said to build upon an earlier project : ‘No one noticed, no one heard – A study of disclosures of childhood abuse’.’

Full Story

Transparency Project, 15th February 2018

Source: www.transparencyproject.org.uk

Court of Appeal castigates judge who thought litigant with severe depression was “putting on act” – Litigation Futures

Posted February 15th, 2018 in appeals, costs, evidence, judges, mental health, news, setting aside by sally

‘A senior circuit judge who “clearly thought” that a litigant with severe depression was “putting on an act” has been strongly attacked by the vice-president of the civil division of the Court of Appeal.’

Full Story

Litigation Futures, 15th February 2018

Source: www.litigationfutures.com

The challenge of expert evidence – Counsel

Posted February 12th, 2018 in cross-examination, evidence, expert witnesses, news by tracey

‘Avoid the pitfalls of probabilistic reasoning and examine expert evidence with more confidence: Colin McCaul QC introduces new guidance from the Inns of Court College of Advocacy and the Royal Statistical Society.’

Full Story

Counsel, February 2018

Source: www.counselmagazine.co.uk

Supreme Court backs Chevron over use of new evidence in appeal over HSE prohibition notice – OUT-LAW.com

Posted February 9th, 2018 in evidence, health & safety, news, offshore installations, Scotland, Supreme Court by tracey

‘Tribunals are entitled to take into account additional evidence that was not available to the health and safety inspector when considering an appeal against a prohibition notice, the UK’s highest court has confirmed.’

Full Story

OUT-LAW.com, 8th February 2018

Source: www.out-law.com

Judge takes swipe at “collapsing” justice system as CPS failures cause yet another sex trial to collapse – Daily Telegraph

‘A judge has taken a swipe at the “collapsing” justice system as CPS failures cause yet another sex trial to collapse.’

Full Story

Daily Telegraph, 1st February 2018

Source: www.telegraph.co.uk

Collapsed trial woman says she gave birth ‘alone’ in prison – BBC News

‘A woman held in custody for more than 13 months before her trial collapsed has told the BBC she hopes someone will be punished for the failures which led to her giving birth in prison.’

Full Story

BBC News, 31st January 2018

Source: www.bbc.co.uk

People trafficking case collapses over disclosure failings – BBC News

Posted January 30th, 2018 in disclosure, evidence, news, prostitution, trafficking in human beings, trials by sally

‘A judge has ordered the Crown Prosecution Service to explain itself in a case that collapsed because social media evidence was not disclosed.’

Full Story

BBC News, 26th January 2018

Source: www.bbc.co.uk

UK rape complainants ‘face unfair questions about sexual history’ – The Guardian

Posted January 29th, 2018 in criminal procedure, cross-examination, evidence, news, rape by sally

‘Complainants in rape cases are being subjected to invasive and unfair questioning about their sexual history, according to a cross-party campaign supporting tighter restrictions on cross-examination in trials.’

Full Story

The Guardian, 29th January 2018

Source: www.theguardian.com

Criminal allegations against the dead – Law & Religion UK

Posted January 24th, 2018 in child abuse, Church of England, clergy, confidentiality, evidence, news, sexual offences by tracey

‘On 22 January 2018, the House of Lords debated the naming of deceased individuals against whom criminal allegations have been made, for which specific reference was made to the Carlile Report on the handling of the Bishop George Bell issue. This was particularly timely in view of the controversy that has arisen relating to the Church of England’s position relating to confidentiality.’

Full Story

Law & Religion UK, 24th January 2018

Source: www.lawandreligionuk.com

Hundreds of cases dropped over evidence disclosure failings – BBC News

Posted January 24th, 2018 in Crown Prosecution Service, disclosure, evidence, news, police, rape, statistics by tracey

‘The number of prosecutions in England and Wales that collapsed because of a failure by police or prosecutors to disclose evidence increased by 70% in the last two years, the BBC can reveal.’

Full Story

BBC News, 24th January 2018

Source: www.bbc.co.uk

Stay silent during rape and attackers may assume consent, warns DPP – The Guardian

Posted January 23rd, 2018 in consent, Crown Prosecution Service, evidence, news, noise, prosecutions, rape by sally

‘Rape victims have been warned by the director of public prosecutions that if they stayed silent during the assault their attackers may have assumed consent was given and therefore could escape being charged.’

Full Story

The Guardian, 22nd January 2018

Source: www.theguardian.com

Collapsed rape trials could hamper convictions, says Lord Judge – BBC News

Posted January 22nd, 2018 in evidence, judges, juries, news, rape, trials by sally

‘The collapse of a series of prominent rape trials could deter juries from convicting in genuine cases, a former lord chief justice has warned.’

Full Story

BBC News, 20th January 2018

Source: www.bbc.co.uk

Rashan Charles death: Met Police officer not facing charges – BBC News

Posted January 22nd, 2018 in assault, death in custody, evidence, London, news, police, prosecutions by sally

‘A police officer will not face prosecution over the death of Rashan Charles.’

Full Story

BBC News, 21st January 2018

Source: www.bbc.co.uk

No one innocent is in prison due to disclosure failures, claims DPP after string of rape cases collapse – The Independent

Posted January 19th, 2018 in Crown Prosecution Service, disclosure, evidence, news, prosecutions by tracey

‘Britain’s most senior prosecutor has claimed that no innocent people are in prison because of failures to disclose vital evidence, despite admitting there is a “systemic issue”.
Critics dismissed Alison Saunders’ assurance as “impossible” as they follow the collapse of several high-profile rape cases which were undermined by phone messages and pictures uncovered by lawyers.’

Full Story

The Independent, 18th January 2018

Source: www.independent.co.uk

Oxford University student cleared of rape charge as yet another case collapses days before trial begins – Daily Telegraph

Posted January 19th, 2018 in Crown Prosecution Service, disclosure, evidence, news, police, prosecutions, rape by tracey

‘An Oxford University student has become the latest accused rapist to have his case dropped against him after two years on bail amid wider public concern about the actions of police and prosecutors.’

Full Story

Daily Telegraph, 18th January 2018

Source: www.telegraph.co.uk

We need to improve disclosure, CPS admits as rape trial abandoned – Law Society’s Gazette

Posted January 17th, 2018 in Crown Prosecution Service, disclosure, evidence, news, rape by tracey

‘The Crown Prosecution Service has admitted that it needs to improve its disclosure of unused material after a rape trial was abandoned yesterday because vital phone evidence was not disclosed.’

Full Story

Law Society's Gazette, 16th January 2017

Source: www.lawgazette.co.uk

Child victims let down by lack of help in court, says UK watchdog – The Guardian

Posted January 17th, 2018 in children, evidence, news, victims, witnesses by sally

‘Hundreds of the most vulnerable victims of crime are being prevented from testifying against their attackers because of a shortage of experts to help them give evidence, the victims’ commissioner warns in a report on Wednesday.’

Full Story

The Guardian, 17th January 2018

Source: www.theguardian.com

Poppi Worthington was sexually abused by father, coroner rules – The Guardian

Posted January 16th, 2018 in child abuse, evidence, forensic science, inquests, news, prosecutions, sexual offences by sally

‘A “fit and active, robust little girl” suffocated after being sexually abused by her father, a coroner has ruled.’

Full Story

The Guardian, 15th January 2018

Source: www.theguardian.com

Rape case collapses after ‘cuddling’ photos emerge – BBC News

Posted January 16th, 2018 in disclosure, evidence, news, rape, trials by sally

‘A rape case has collapsed after images emerged of the accused and his alleged victim “cuddling” in bed together.’

Full Story

BBC News, 15th January 2018

Source: www.bbc.co.uk

Changes to domestic violence evidence requirements come into effect – Ministry of Justice

Posted January 9th, 2018 in bills, domestic violence, evidence, news, time limits by sally

‘From today (8 January 2018), victims of domestic violence will get more support in taking abusive former partners to court.’

Full Story

Ministry of Justice, 8th January 2018

Source: www.gov.uk